THE WHITE HOUSE

Office of the Press Secretary

For Immediate Release November 5

2009

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND

AGENCIES

SUBJECT Tribal Consultation

The United States has a unique legal and political relationship with Indian tribal

governments established through and confirmed by the Constitution of the United States

treaties statutes executive orders and judicial decisions In recognition of that special

relationship pursuant to Executive Order 13175 of November 6 2000 executive

departments and agencies agencies are charged with engaging in regular and

meaningful consultation and collaboration with tribal officials in the development of

Federal policies that have tribal implications and are responsible for strengthening the

government to government relationship between the United States and Indian tribes

History has shown that failure to include the voices of tribal officials in formulating

policy affecting their communities has all too often led to undesirable and at times

devastating and tragic results By contrast meaningful dialogue between Federal officials

and tribal officials has greatly improved Federal policy toward Indian tribes Consultation

is a critical ingredient of a sound and productive Federal tribal relationship

My Administration is committed to regular and meaningful consultation and

collaboration with tribal officials in policy decisions that have tribal implications

including as an initial step through complete and consistent implementation of

Executive Order 13175 Accordingly I hereby direct each agency head to submit to the

Director of the Office of Management and Budget OMB within 90 days after the date

of this memorandum a detailed plan of actions the agency will take to implement the

policies and directives of Executive Order 13175 This plan shall be developed after

consultation by the agency with Indian tribes and tribal officials as defined in Executive

Order 13175 I also direct each agency head to submit to the Director of the OMB within

270 days after the date of this memorandum and annually thereafter a progress report on

the status of each action included in its plan together with any proposed updates to its

plan

Each agency s plan and subsequent reports shall designate an appropriate official to

coordinate implementation of the plan and preparation of progress reports required by

this memorandum The Assistant to the President for Domestic Policy and the Director of

the OMB shall review agency plans and subsequent reports for consistency with the

policies and directives of Executive Order 13175

In addition the Director of the OMB in coordination with the Assistant to the President

for Domestic Policy shall submit to me within 1 year from the date of this

memorandum a report on more OVER 2 the implementation of Executive Order 13175

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across the executive branch based on the review of agency plans and progress reports

Recommendations for improving the plans and making the tribal consultation process

more effective if any should be included in this report

The terms Indian tribe tribal officials and policies that have tribal implications as

used in this memorandum are as defined in Executive Order 13175

The Director of the OMB is hereby authorized and directed to publish this memorandum

in the Federal Register

This memorandum is not intended to and does not create any right or benefit

substantive or procedural enforceable at law or in equity by any party against the United

States its departments agencies or entities its officers employees or agents or any

other person Executive departments and agencies shall carry out the provisions of this

memorandum to the extent permitted by law and consistent with their statutory and

regulatory authorities and their enforcement mechanisms

BARACK OBAMA

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